Types of design applications
(i) Ordinary Application and (ii) Convention Application
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Ordinary Application:
A first application made for a design without claiming priority from any application is called an ordinary application.
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Convention Application:
By virtue of the Paris convention, an application filed that claims a priority based on a convention application(s) is called a convention application.
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To get a convention status, an applicant should file the application in an Indian Design Office within 6 months from the date of first filing in the convention country.
Industrial designs refer to creative activity which result in the ornamental or formal appearance of a product and design right refers to a novel or original design that is accorded’ to the proprietor of a validly registered design. Industrial designs are an element of intellectual property.
Under the TRIPS Agreement, minimum standards of protection of industrial designs have been provided for. As a developing country, India has already amended its national legislation to provide for these minimal standards.
The essential purpose of design law it to promote and protect the design element of industrial production. It is also intended to promote innovative activity in the field of industries.
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The existing legislation on industrial designs in India is contained in the New Designs Act, 2000 and this Act will serve its purpose well in the rapid changes in technology and international developments.
India has also achieved a mature status in the field of industrial designs and in view of globalization of the economy, the present legislation is aligned with the changed technical and commercial scenario and made to conform to international trends in design administration.
This replacement Act is also aimed to intact a more detailed classification of design to conform to the international system and to take care of the proliferation of design related activities in various fields.
Obligations envisaged in respect of industrial designs are that independently created designs that are new or original shall be protected. Individual governments have been given the option to exclude from protection, designs dictated by technical or functional considerations, as against aesthetic consideration which constitutes the coverage of industrial designs.
The right accruing to the right holder is the right to prevent third parties not having his consent from making, selling or importing articles being or embodying a design, which is a copy or substantially a copy of the protected design when such acts are undertaken for commercial purposes. The duration of protection is to be not less than 10 years.
